Sahana P. Murthy vs M. Ullas

B.S. Patil, J.—This civil petition is filed seeking transfer of M.C. No. 48/2012 filed by the respondent-husband against the petitioner on the file of the Senior Civil Judge and JMFC, Sagar to the Family Court at Hassan. Marriage between the petitioner and the respondent was solemnized on 26.05.2010 at Hassan. There is a child aged about 2 years born out of the wed lock. It is the case of the petitioner that due to differences between the petitioner and the respondent, she is now staying along with her parents at Hassan. She has instituted a case under the provisions of the Protection of Women from Domestic Violence Act, 2005 in case No. Crl. Misc. 510/2012 seeking certain reliefs including interim maintenance under the provisions of the Act and the same is pending on the file of the 2nd Additional Civil Judge and JMFC, Hassan.

It is the case of the petitioner that her husband has filed M.C. No. 48/2012 on the file of the Senior Civil Judge and JMFC, Sagar seeking restitution of conjugal rights. Petitioner urges that because of her status as woman having a tender aged child of two years to be looked after, she is not in a position to travel to Sagar covering a distance of about 200 kms. every time the case is posted before the Court at Sagar to defend herself. She has therefore sought for transfer of the case from the Senior Civil Judge and JMFC, Sagar to the Family Court at Hassan.

I have heard the learned counsel for the petitioner and the learned counsel appearing for the respondent.

It is not in dispute that the petitioner is staying with her parents at Hassan and she has got a small child aged about 2 years to look after. It is also not in dispute that the distance between Hassan and Sagar is about 200 kms. In my considered view, it would be difficult for the petitioner in the circumstances in which she is placed to travel to Hassan. Respondent - husband is already appearing before the Court in Crl. Misc. No. 510/2012 at Hassan.

Therefore, keeping in mind the facts and circumstances of the case and the ends of justice, I find it just and appropriate to order for withdrawal of the case M.C. No. 48/2012 from the file of the Senior Civil Judge and JMFC, Sagar and transfer the same to the Family Court at Hassan. However, the respondent-husband will be free to request the Family Court at Hassan for the dates of his choice to appear as he is a Government servant, of course, subject to the convenience of the Court. After the disposal of this Civil Petition, learned counsel for both parties submit that there is a likelihood of settlement of main dispute and the parties are willing to appear before the Bangalore Mediation Centre for settlement. Hence, both the parties are directed to appear before the Bangalore Mediation Centre on 09.10.2013. If a settlement is reached between the parties, the same shall be forwarded to the Family Court at Hassan and the Family Court at Hassan shall take the same ''into, consideration and pass appropriate orders.